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(영문) 광주고등법원(전주) 2019.01.31 2017나10348
유체동산인도
Text

1. The part concerning the claim for monetary payment in the principal lawsuit of the judgment of the court of first instance shall be revoked, and corresponding thereto shall be claimed by the plaintiff;

Reasons

1. Basic facts

A. The Plaintiff’s status as the original and Defendant is a company that carries on the business of manufacturing aggregate and the business of manufacturing industrial machinery necessary for the production of aggregate.

The defendant is a company that leases equipment and crushes aggregate lines.

(b) Contract deposit under Article 3 [Total Contract Amount] 320,000,000 won (excluding value-added tax): 100,000,000 won (excluding value-added tax) - Payment in part (1) part payment (excluding value-added tax): 100,000,000 won (excluding value-added tax) after confirming that 30% of the trading goods starts at the same time: 100,000,000 won (excluding value-added tax) - Any balance of 3) after confirming that 60% of the trading goods start at the same time: 120,000,000 won (excluding value-added tax) - Of the remainder of value-added tax (excluding value-added tax) - Value-added tax shall be remitted to the amount remaining after deducting the expenses for the premium of the said goods and the expenses for the removal, and since the total amount transferred is separate amount, value-added tax shall be issued within the quarter of April 20, 2016.

(1) Article 7 (Execution of Contract) (1) The Plaintiff is responsible for the contractual goods and is supplied to the Plaintiff by March 31, 2016.

2) In the event that the Plaintiff violated the terms and conditions of this contract, he/she shall compensate the Defendant for a double amount of the down payment, and may not claim the return of the down payment if the Defendant violated the terms and conditions of this contract. (1) On March 29, 2016, the Plaintiff and the Defendant concluded a sales contract with the Defendant to sell the goods listed in the attached list (hereinafter “the subject matter of this case”) to the Defendant as follows:

(2) On the date of the contract, the Plaintiff entered in the separate list No. 1, 30% of the subject matter of the instant sales (hereinafter “instant sales contract”). On the date of the contract, the Plaintiff: (a) the Plaintiff, on the day of the contract, is the Defendant, sprinkers, spackers, spackers, spackers, spackers listed in the separate list No. 2, spackers listed in No. 4, 8 bits, 6 strings and driving rooms listed in No. 5, 8 bits, and spacks listed in No.

AB delivered the notice.

The defendant can do so.

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